Subject: NEW ISSUES - The SAFEHARBOR & COPYRIGHT Protections require a formal take-down policy otherwise the IETF is always liable

From: "todd glassey" <[email-masked]>
Date: Wed, 21 Jun 2006 12:09:46 -0700

Harald - please add these NEW ISSUES as well to the list...

http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

I don't know why the attorney's on this list have not brought this up, but
the TAKEDOWN portions of the US Copyright act that ISP's and publishing
houses use to protect themselves from their accidentally publishing someone
else's IP all mean that those publishing houses MUST have formal TAKEDOWN
process and policy stated.

No such policy or process exists in any of the IETF's documents that I am
aware of...

Likewise, since the IETF gives away permanently any and all control over its
published materials IT CANNOT POSSIBLY claim any coverage under the ISP
provisions of the COPYRIGHT TAKEDOWN Provisions...  because it obfuscated
all controls traditionally maintainable by the Copyright Holders to address
disputed copyrighted materials.

Again - NO Dispute Process exists. No TAKEDOWN policy exists and no
procedures for it exist...  and as such the IETF cannot seek protection
under the ISP protections... its not rocket science, its the law.

The IETF MUST offer SAFE HARBOR  or its questionable...

http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Requirements_to_obtain_the_safe_harbor

Todd Glassey

_______________________________________________
Ipr-wg mailing list
[email-masked]
https://www1.ietf.org/mailman/listinfo/ipr-wg